Click here to view the decision.
59 FLRA No. 124
U. S. Equal Employment, Opportunity Commission Baltimore Field Office Baltimore, Maryland and AFGE, National Council of EEOC Locals, No 216 (Powell, Arbitrator) 0-AR-3685 (Decided February 25, 2004)
In this case, the Authority remanded to the parties the portion of the award pertaining to which specific grievants were entitled to overtime payments, absent settlement, for resubmission to the Arbitrator for clarification. Additionally, the portion of the award pertaining to the payment of attorney fees and costs over the issue of overtime was set aside without prejudice to the Union to file a fee request to the Arbitrator under either the Back Pay Act or FLSA, and, if such request was filed, for the Agency to respond. The portion of the award granting attorney fees and costs pertaining to the Agency's implementation of the PIP was deficient and was set aside. The Authority also rejected the allegations that the Arbitrator exceeded his authority, that the award was incomplete, ambiguous or contradictory, or that it was based on nonfacts.